Understanding Challenges to Wills

Creating a will is a smart step in planning for your future. This isn’t a final or irreversible step though. They can be revised and updated at any time during the testator’s life. This can happen a few months or many years after the original documents are created and signed.

Changes to a will aren’t always seamless, though. Changes involving beneficiaries or the distribution of assets can create confusion or conflict when the will is executed. Is some cases, the disputes may result in a will contest.

It’s important to know that only individuals who are named in the current, or previous, will and those that have a legal interest in the estate can contest it. Even then, most wills proceed through probate without significant issues.

When a will is contested, they must have valid legal grounds. Some reasons for contesting a will may include:

A Lack of testamentary capacity is an allegation that the testator was not of sound mind when the will was created and signed.

Undue influence is the claim that someone pressured or manipulated the testator into changing the will.

Fraud or forgery are suspicions that the will may have been falsified or signed under deceptive circumstances.

If there is a more recent will, it may override the previous version.

If you have any questions or concerns about the validity of a will, or are preparing your own, we can help guide you through every step.

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